Telegram-herald., 1887-08-04
MUST CLOSE At TEN
OR They VIOLATE rHe STATS LAW.
e4Aoonists Liable - Arrest for ssiDg
the Privileges SrAntsd Them es the
Coanel-Ihs Aetiea OF the Cosncli
C~nnot bs Recognized by
the Courts.

With the Thermometer indicating ninety
two degrees in the Police Court room yes
teEdsy afternoon It wss no wonder Ihss
Judge. Clerk and attorneys were not il the
test OF hGmor. The case Of James Stewart
charged with keeping his saloon open after
hours. Was among those on call. Fatrolmsn
ConlOn testified that the saloon was open
until ten minutes after twelve. The de-
iendAnt made no effort 10 deny that the
place was open al the time named. but
showed that no liquor was sold after twelve.
and that tie only reason the place was not
locked up was because be had some trouble
sJecunE some parties who were drinking
Just before the midnight hour. Judge
Holmes expressed himself as satisfied that
ihe man had sold nothing after hours Dut
tie fact that the place was open after 10
O'CLOCK was the only thing that entered in
~ the case. brought a. IL were under the
State laws. lie said The action oi the
Common Council ia granting 10 saloon
keeper the privilege OF keeping their place
open until II o'clock is of itself a direct
violation Of the State law which prescribes
that saloons shall be closed at O'Clock The
Common Council ia cities Is given the
right of extension for one hour, bat the
law explicitly SAYS not lster than ~
clock The State Law is the only law
which / can recognize and as the saloon IN
| question was open after hours ! can do
nothing else but render a verdict Of gull
! ty.'
Mr. Mcbride in no very delicate terms
expressed 10 the Cour, his contempt for q
Common Council which deluded the sa-
| loon keepers into belief that they could
keep their places Of business open until
midnight, or police department who
wlnked at such permit, when-as 4 matter
| of fact-,hey knew they were violating
| the law, aud that the innocent parties were
| liable at any time 10 arrest aud punishment
for dong simply what was said they might
| DO.
The members Of the Council in discussing
| the question OF revoking licenses. have free
iy referred TO their ''leniency toward the
saloon keepers" have given them two
hours" etc, when as matter Of fact their
leniency hes simply proven a bait 10 lure
the saloon -ke epers into the meshes OF the
law.
In speaking Of the subject Judge Holmes
says. The passage oil such resolution by the
Council simply EN- barrasses the Court Even
| If the saloon keepers respected the Council
| II would amount TO nothing. The most
worthless vagaDOnd in the town might
make complaint against any saloon keep
er for keeping open after 10 O'Clock and the
Prosecuting Attorney would be forced to
! issue a warrant. 1t is not Discretionary
with him. The law SAYS il shall be done.
! and no security for costs is required as il
| other cases. Although it may be clearly
shown that the Council extended the clos
ing hour. there is nothing left for the Court
but 10 convict. A year from now, any per-
son. if so disposed might demand warrants
for "a n
city for keeping open after 10 O'Clock, the
Prosecuting Attorney would be forced to
issue them, and COL vlctions could not help
but follow. believe the Council did an
unwise thing and were probably not well
posted in the Jaw"